House Bill No. introduced by M. Cunningham aims to revise laws related to health care proxy decision-makers by establishing a patient-designated trusted decision-maker and outlining a hierarchy for selecting decision-makers when a patient lacks decisional capacity. The bill allows patients to designate a trusted decision-maker after hospital admission, ensuring that this designation is documented and witnessed. It also mandates that the attending health care provider notify the patient's family of this designation and limits the selection of lay or medical proxy decision-makers unless the trusted decision-maker is unreachable. The trusted decision-maker remains in place until the patient completes a medical durable power of attorney, designates another trusted decision-maker, or is discharged from the hospital.

Additionally, the bill amends existing sections of the Montana Code Annotated (MCA) to incorporate the new definitions and processes related to trusted decision-makers. It establishes a hierarchy for selecting decision-makers, prioritizing guardians and agents appointed in medical durable powers of attorney, followed by family members and close friends. The bill also clarifies that the provisions regarding notification and selection of proxy decision-makers do not apply when a trusted decision-maker is designated. Overall, this legislation seeks to enhance patient autonomy and ensure that health care decisions align with the patient's wishes when they are unable to make those decisions themselves.

Statutes affected:
LC Text: 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(5): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(6): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(7): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(8): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1: 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2: 50-5-110, 50-5-1301, 50-5-1303